(a) Except for the terms defined in Subsection (b), the definitions set forth in Section 228.2 of the Texas Food Establishment Rules are hereby adopted and made a part of this chapter by reference.
(b) In addition to the definitions adopted in Subsection (a), the following terms have the following meanings in this chapter:
(1) ADULTERATED means the condition of food that:
(A) contains a poisonous or deleterious substance in a quantity that may render it injurious to health; or
(B) contains an added poisonous or deleterious substance:
(i) for which no safe tolerance has been established or accepted by a governmental agency; or
(ii) in excess of a safe tolerance, established or accepted by a governmental agency; or
(C) consists in whole or part of a filthy, putrid, or decomposed substance; or
(D) is unsafe for human consumption; or
(E) was processed, prepared, or otherwise handled under an unsanitary condition that may have contaminated the food or rendered it injurious to health; or
(F) is in whole or part the product of a diseased animal or an animal that did not die by slaughter; or
(G) the container of which is composed in whole or part of a poisonous or deleterious substance that may render the food injurious to health; or
(H) is not in a safe, sound condition, free from spoilage, filth, and other contamination.
(2) CATERING SERVICE means a food establishment, other than a mobile food preparation vehicle, that:
(A) prepares or serves food on premises in control of another; or
(B) prepares food on the premises of a fixed food establishment and delivers the food to a different location to be served.
(3) COMMERCIALLY-MANUFACTURED means the vehicle or trailer was manufactured, converted, or retrofitted for use as a mobile food preparation vehicle or trailer by a person regularly in the business of manufacturing, converting, or retrofitting motorized vehicles or trailers as mobile food preparation vehicles or trailers for sale or compensation.
(4) COMMISSARY means a food establishment that serves as an operating base for a mobile food unit and where:
(A) food, containers, or supplies are kept, handled, prepared, packaged, or stored for use by a mobile food unit; and
(B) a mobile food unit is stored, parked, serviced, cleaned, supplied, and maintained.
(5) DEPARTMENT means the department designated by the city manager to enforce and administer this chapter.
(6) DIRECTOR means the director of the department, the city health authority, or the environmental health officer and includes representatives, agents, or city employees designated by the director of the department, the city health authority, or the environmental health officer to enforce or administer this chapter; except that, in Section 17-10.2(p), the term refers only to the director of the department.
(7) EXTENSIVELY REMODELED means the expenditure of at least $25,000 or an amount equal to at least 10 percent of the assessed value of the facility, whichever is more, for the purpose of repairs or remodeling, but does not include:
(A) expenditures for the replacement of movable equipment; or
(B) remodeling that does not affect the construction or operation of food storage or food preparation areas or areas used to store or clean utensils and equipment used in food storage or food preparation.
(8) FOOD ESTABLISHMENT:
(A) The term means an operation that:
(i) sells, stores, prepares, packages, serves, or otherwise provides food for human consumption such as: a food service establishment; retail food store; mobile food unit; satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; remote catered operations; conveyance used to transport people; institution; or food bank; and
(ii) relinquishes possession of food to a consumer directly, or indirectly through a delivery service, such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.
(B) The term includes an element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority; a restaurant; a grocery store; an operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off premises; and regardless of whether there is a charge for the food.
(C) The term does not include a produce stand that only offers whole, uncut fresh fruits and vegetables or an establishment that offers only prepackaged foods that are not time/temperature control for safety, except that the term does include an establishment that sells ice cream, frozen custard, soft serve dairy products, gelato, or other frozen desserts.
(D) The term does not include a stand that only offers the occasional sale of lemonade or other nonalcoholic beverages on private property or in a public park by an individual younger than 18 years of age.
(9) MOBILE FOOD PREPARATION TRAILER means a commercially-manufactured enclosed or partly enclosed mobile food unit that complies with the construction and operation standards of this article for a Class IV mobile food unit and is readily movable by means of pulling to locations for operations as a mobile food preparation trailer.
(10) MOBILE FOOD PREPARATION VEHICLE means a commercially-manufactured, motorized mobile food unit in which food is cooked, wrapped, packaged, processed, or portioned for service, sale, or distribution.
(11) MOBILE FOOD UNIT means a vehicle-mounted, self or otherwise propelled, self-contained food service operation designed to be readily moveable (including catering trucks, trailers, and pushcarts) and used to store, prepare, display, serve, or sell food to an ultimate consumer. The term includes, but is not limited to, Class I and Class II pushcarts and Class III and Class IV mobile food preparation trailers and vehicles. A mobile food unit does not include a stand or a booth.
(A) Mobile food unit classifications:
(i) Class I units may only sell pre-packaged foods and beverages from a pushcart. This class includes vegetable and fruit vendors.
(ii) Class II units are any mobile food unit that is not a Class I, Class III, or Class IV mobile food unit. Class II units may only have a hot or cold holding display for unpackaged foods. Limited cooking and preparation are allowed onboard the pushcart such as boiling, heating, and steaming. Flat top grilling is prohibited.
(iii) Class III units are a mobile food preparation trailer that may cook in an external covered area such as a barbeque pit or wood fired pizza ovens, where all food preparation, assembly, and service is done in an enclosed area on board the unit. This class includes a non-motorized mobile food unit that is readily movable such as a trailer or shipping container.
(iv) Class IV units are units that are fully enclosed that meet all the safety equipment and standards as a brick and mortar unit. This class includes a restaurant on wheels or a mobile food preparation vehicle.
(12) NON-FOOD CONTACT SURFACE means a surface (including, but not limited to, a shelf, counter, fan, or an exterior part of equipment) that does not normally come into contact with food in the operation of a food establishment.
(13) PERMIT means the document issued by the department that authorizes a person to operate a food establishment.
(14) PERSON IN CHARGE means the individual present in a food establishment who is the apparent supervisor of the food establishment at the time of inspection. If no individual is the apparent supervisor, then any employee present is the person in charge.
(15) PREMISES means:
(A) the physical facility, its contents, and the contiguous land or property under the control of the permit holder; or
(B) the physical facility, its contents, and the contiguous land or property and its facilities and contents that are under the control of the permit holder that may impact food establishment personnel, facilities, or operations, if a food establishment is only one component of a larger operation.
(16) RECONSTITUTED means the recombining of dehydrated food products with water or other liquids.
(17) REGULATORY AUTHORITY means the director.
(18) RISK LEVEL ONE ESTABLISHMENT means an establishment with no cooking processes of any kind, no heat holding, no open exposed food handling (including handling mixed drinks), or only holds refrigerated and frozen foods packaged from the manufacture.
(19) RISK LEVEL THREE ESTABLISHMENT means an establishment that cooks time and temperature control products from the raw state, heat hold, and reheat food items. These establishments may have an extensive menu and/or extensive handling of food ingredients. This includes food establishments that engage in special processes, have a hazard analysis critical control point (HACCP) plan, or serves a highly susceptible population.
(20) RISK LEVEL TWO ESTABLISHMENT means an establishment that has a limited menu selection, serves only commercially processed time and temperature control foods, heats and serves food items with no cooking or reheating process, or has minimal heat holding.
(21) SAFE TEMPERATURE means a temperature of not more than 41 degrees Fahrenheit if held cold (5 degrees Centigrade) or not less than 135 degrees Fahrenheit if held hot (60 degrees Centigrade). The symbols "°F." and "°C." are used in this chapter to refer, respectively, to degrees Fahrenheit and degrees Centigrade.
(22) SEAL means to close the junction between surfaces in a way that prevents entry of moisture.
(23) TEMPORARY FOOD SERVICE ESTABLISHMENT means:
(A) a food establishment that operates at a fixed location for a limited period of time in conjunction with:
(i) a plaza event for which a permit has been issued by the city under Chapter 35;
(ii) a special event for which a permit has been issued by the city under Chapter 42A;
(iii) a special event conducted with written permission of the city on property under the control of the park and recreation board, on property of the "convention center" or "reunion arena" as defined in Section 43-127 of this code, or on property of the "Neighborhood Market" as defined in Section 42A-2 of this code;
(iv) a temporary carnival or circus conducted with written authorization of the building official under Section 51A-4.206(2) of the Dallas Development Code;
(v) an activity or event conducted entirely inside a facility that is primarily and routinely used to hold exhibitions, conventions, concerts, symphonies, plays, sporting events, or similar activities or events at which food is customarily served or offered for sale;
(vi) a single event or celebration conducted on any nonresidential premises as an accessory use under Section 51A-4.217 of the Dallas Development Code; or
(vii) a neighborhood market for which a permit has been issued under Chapter 42A of this code; or
(B) a concessionaire operating under a seasonal contract with the city on property owned or operated by the city.
(24) TEXAS FOOD ESTABLISHMENT RULES means the rules of the Texas Department of State Health Services found in Title 25 Texas Administrative Code, Chapter 228, as amended.
(25) VARIANCE means a written document issued by the department that authorizes a modification or waiver of one or more requirements of the code if, in the opinion of the department, a health hazard or nuisance will not result from the modification or waiver. (Ord. Nos. 26023; 26556; 28046; 30134; 30938; 31375; 32181)